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18 Nov 2008, 3:01 pm
In unintended ways, the harsh proposals of the new restatement have brought light to bear on the abysmal state of the law. [read post]
17 Nov 2008, 6:49 pm
Goldner, No. 07-10711 Petition for panel rehearing granted, prior opinion withdrawn, and matter remanded for further proceedings in light of Kerlin v. [read post]
17 Nov 2008, 6:39 pm
Buie, No. 070258 Sentence of fifteen years for being a felon in possession of a firearm is affirmed where: 1) because the maximum penalty for the offense to which defendant pleaded guilty was ten years or more under state statute, defendant's state felony narcotics conviction qualified as a "serious drug offense" under the Armed Career Criminal Act (ACCA); and 2) defendant's allegation that he was deprived of counsel at his plea hearing did not state a… [read post]
17 Nov 2008, 1:44 am
  But there have been a number of recent decisions that have relied on the United States Supreme Court holding in Price Waterhouse v. [read post]
13 Nov 2008, 3:45 pm
Simpson, No. 07-5193, 07-5194 Imposition of a 450-month term of imprisonment and a denial of defendant's motion to dismiss a charge of escape is affirmed over claims that: 1) the sentence was unreasonable; 2) the district court erred in denying a motion to dismiss the escape indictment for violating the Double Jeopardy Clause; and 3) procedurally barred claims. [read post]
10 Nov 2008, 3:51 am
I was intrigued by the recent SC decision in Principal, Kendriya Vidyalaya and Ors. v. [read post]
7 Nov 2008, 3:57 am
Political flurries and potential trade mark wars (Afro-IP) House arrest for DVD pirate (Afro-IP)   Spain Government to publish ‘Manual of Best Practices in the Prosecution of Infringing Activities’ (Class 46)   Ukraine Trade marks database to be accessible free of charge (Class 46)   United Arab Emirates Limitations on trademark protection (International Law Office)   United Kingdom Financing creative businesses (IP finance) UK patent… [read post]
3 Nov 2008, 7:03 pm
Lee, No. 06-3438 A sentence for various counts of bank fraud and aggravated identity theft is affirmed where: 1) the district court did not abuse its discretion in running several of the aggravated identity theft counts consecutively to each other; and 2) all of defendant's other issues on appeal were barred by his plea agreement or outside the scope of a remand order, and thus were barred. [read post]
27 Oct 2008, 3:49 pm
Pruitt, No. 06-6002 Given the particular characteristics of North Carolina sentencing law, in light of recent United States Supreme Court precedent, in determining whether to apply the career offender provision of the United States Sentencing Guidelines, a federal court must take into account the defendant's state criminal history (or lack thereof) at the time of his predicate North Carolina convictions. [read post]
27 Oct 2008, 9:26 am
To acquire or dispose of an asset, including real or personal property in this or another state, for cash or on credit, at public or private sale, and to manage, develop, improve, exchange, partition, change the character of, or abandon an estate asset; v. [read post]
27 Oct 2008, 9:10 am
Moreover, a disclaimer stating that an insurance certificate is for information only bars a negligent misrepresentation claim. [read post]
19 Oct 2008, 9:11 pm
Never mind that the debt claim may have been barred by limitations. [read post]
18 Oct 2008, 11:33 pm
The Board also adopted the judges' finding that a Gissel bargaining order was necessary and warranted under NLRB v. [read post]
16 Oct 2008, 4:05 am
Steve has been a member of The Florida Bar for 17 years. [read post]